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The National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2001

S.I. 2001/58 · Made 10 January 2001

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

NATIONAL ASSISTANCE SERVICES, ENGLAND

Made 10th January 2001

Laid before Parliament 11th January 2001

Coming into force 1st February 2001

The Secretary of State for Health, in exercise of the powers conferred upon him by section 22(5) of the National Assistance Act 1948f1 and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

1948 c. 29: section 22(5) of the National Assistance Act 1948 was amended by section 39(1) of and paragraph 6 of Schedule 6 to the Ministry of Social Security Act 1966 (c. 20), by section 35(2) of and paragraph 3(b) of Schedule 7 to the Supplementary Benefits Act 1976 (c. 71), by section 20 of and paragraph 2 of Schedule 4 to the Social Security Act 1980 (c. 30), and by section 86 of and paragraph 32 of Schedule 10 to the Social Security Act 1986 (c. 50).

Contents

  1. 1Citation, commencement, interpretation and extent
  2. 2Amendment of Schedule 4 to the principal Regulations
  3. Signature
  4. Explanatory note

1Citation, commencement, interpretation and extent

(1)

These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (England) Regulations 2001 and shall come into force on 1st February 2001.

(2)

In these Regulations “the principal Regulations” means the National Assistance (Assessment of Resources) Regulations 1992f1.

(3)

These Regulations extend to England onlyf2.

2Amendment of Schedule 4 to the principal Regulations

At the end of Schedule 4 to the principal Regulations (capital to be disregarded) there shall be added the following paragraph—

“20

Any amount which would be disregarded under paragraph 61 of Schedule 10 to the Income Support Regulations (ex-gratia payment made by the Secretary of State in consequence of a person’s imprisonment or internment by the Japanese during the Second World War)f1.”

Signature

Signed by authority of the Secretary of State for Health

John Hutton

Minister of State,

Department of Health

10th January 2001

Explanatory note

(This note is not part of the Regulations)

These Regulations make further amendments to the National Assistance (Assessment of Resources) Regulations 1992 (“the principal Regulations”). The principal Regulations concern the assessment of the ability of a person (“a resident”) to pay for accommodation arranged by local authorities under Part III of the National Assistance Act 1948.

The principal Regulations are amended so that, for the purpose of calculating a resident’s capital, any ex-gratia payment of £10,000 made on or after 1st February 2001 by the Secretary of State in consequence of a person’s imprisonment or internment by the Japanese during the Second World War shall be disregarded as capital.